The Commission for the Control of the Public Procurement Procedure accepted the appeal of the Cetinje company Efel Travel and annulled the tender documentation of the Directorate for Inspection Affairs from February 22 this year, related to the procurement of maintenance and servicing services for official vehicles, with an estimated value of 80.000 euros.
The person ordering the disputed procurement was ordered to eliminate the irregularities within 15 days, and the State Commission will return to Efel Travel the 800 euros paid for conducting the appeal procedure, after this decision becomes final.
The Directorate for Inspection Affairs, headed by director Alija Košuta, will also have to compensate the appellant's legal representative with 605 euros for the costs of drawing up the appeal.
The commission found beyond dispute that with the disputed tender documentation, the Administration committed a significant violation of the law by predicting the conditions and requirements regarding the equipment and working surface of the service in Podgorica with the technical characteristics or specifications of the public procurement.
"From the stated factual situation, it is clear that the customer limited the competition by specifically requiring that the service in Podgorica must have a covered, open working area of at least 600 square meters at one location or at least 10 cranes with a minimum load capacity of two tons at one location, because it made it impossible to interested parties, who have vehicle maintenance services in Podgorica, participate in this public procurement procedure to submit a joint bid and to hire subcontractors, because this condition cannot be fulfilled," states the decision of the State Commission signed by President Zoran Živković.
It was also established that the tender documentation regarding the maintenance of the vehicles in accordance with their factory guarantees, in the authorized service centers, was unclear. It was also established that the tender documentation is illegal due to the fact that the contracting authority unjustifiably and improperly shortened the deadline for submission of bids, because in the call for public tenders he determined the validity period of the bids 90 days from their opening, in order to foresee the validity period in the form for the financial part of the bid of 60 days.
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